Workers’ Compensation – Trial Return to Work – Unsuccessful – Unilateral Benefits Termination – Amended Rules – Sanctions

Workers’ Compensation – Trial Return to Work – Unsuccessful – Unilateral Benefits Termination – Amended Rules – Sanctions (access required)

Baxter v. Danny Nicholson, Inc. Even though plaintiff did not file a Form 28U after his trial return to work proved unsuccessful, defendant already knew the trial return to work had been unsuccessful when it stopped paying plaintiff benefits. Defendant refused to reinstate those benefits even after a rules change and case law made clear that a Form 28U was not required before benefits were to be reinstated. We affirm the Industrial Commission's award of benefits, including accrued benefits, plus sanctions.

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